07/25/2001 Env Bd Packet - Laserfiche WebLink

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determined from the Cowardin (et al. 1979) classification system: PEM1A, PEMA, PEMJ, and PEM1J may be considered to be a type 1 wetland. This exemption applies if the wetland is all type 1 wetland, or is a combination of types 1 and 2 wetlands, on agricultural land, and the type 2 wetland area is less than two acres. Subp. 8. Exemption (8). A replacement plan for wetlands is not required for: (8) activities in a type 2 wetland that is two acres in size or less located on agricultural land. The landowner must provide the same material as required from the landowner by subpart 7. The local government unit may seek the.advice of the technical panel as to whether the wetland is a type 2 wetland, two acres or less in size. The wetland size is the area within its boundary. The boundary must be determined according to the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" (January 1989). The type of the wetland must be determined according to United State Fish and Wildlife Service Circular No. 39 (1971 edition). Alternatively, type can be determined from the Cowardin (et al. 1979) classification system: PEM1B and PEMB may be considered to be a type 2 wetland. This exemption applies if the wetland is a type 2 wetland, or is a combination of types 1 and 2 wetlands, on agricultural • land, and the type 2 wetland area is less than two acres. Subp. 9. Exemption (9). A replacement plan for wetlands is not required for: (9) activities in a wetland restored for conservation purposes under a contract or easement providing the landowner with the right to drain the restored wetland. The landowner must provide a contract or easement conveyance or affidavit demonstrating that the landowner or a predecessor restored the wetland for conservation purposes but retained the right to subsequently drain the restored wetland. Subp. 10. - Exemption (10). A replacement plan for wetlands is not required for: (10) activities in a wetland created solely as a result of: (i) beaver dam construction; (ii) blockage of culverts through roadways maintained by a public or private entity; (iii) actions by public entities that were taken for a purpose other than creating the wetland; or (iv) any combination of (i) to (iii). Wetland areas created by beaver activities may be drained by removing those materials placed by beaver. Drainage is permitted by removing or moving materials blocking installed roadway culverts and drainage structures. Additional excavation • or removal of other materials is not permitted unless it can be shown by aerial photographs that the proposed activity will not